SB2304sam001 102ND GENERAL ASSEMBLY

Sen. Ann Gillespie

Filed: 4/8/2021

10200SB2304sam001 LRB102 11469 HLH 24847 a

AMENDMENT TO SENATE BILL 2304

AMENDMENT NO. ______. Amend Senate Bill 2304 on page 1, line 8, by deleting "or rehabilitation"; and

on page 2, line 2, by deleting "and"; and

on page 2, immediately below line 2, by inserting the following:

"(2) except as defined in subparagraphs (E), (F), and (G) of paragraph (5) of subsection (c) of this Section, prior to the newly constructed residential real property located in a low affordability community being put in service, the owner of the residential real property commits that, for a period of 30 years after the newly constructed residential real property are put in service, at least 20% of the multifamily building's units will have rents as defined in this Section that are at or below maximum rents and are occupied by households with household incomes at or below maximum income limits; and"; and

on page 2, line 3, by replacing "(2)" with "(3)"; and

on page 2, line 4, by replacing "(d)" with "(c)"; and

on page 2, by deleting lines 5 through 21; and

on page 2, line 22, by replacing "(c)" with "(b)"; and

on page 2, line 23, by replacing "(b)" with "(a)"; and

on page 2, line 26, by replacing "or improvements are" with "is"; and

on page 3, line 7, by replacing "or improvements are" with "is"; and

on page 3, line 14, by replacing "or improvements are" with "is"; and

on page 3, line 21, by replacing "or improvements are" with "is"; and

on page 4, lines 3 and 4, by replacing "or improvements are" with "is"; and

on page 4, line 10, by replacing "(d)" with "(c)"; and

on page 4, lines 23 and 24, by deleting "or qualifying rehabilitation"; and

on page 5, line 3, by deleting "or rehabilitation"; and

on page 6, line 18, by replacing "(d)" with "(c)"; and

on page 6, line 21, by replacing "paragraph (1) of subsection (d)" with "subparagraphs (A), (B), (C), (F), (G), (H), (I), (J), and (K) of paragraph (1) of this subsection (c)"; and

on page 6, line 25, by deleting "(3)"; and

on page 7, line 1, by replacing "(f)" with "(c)"; and

on page 8, line 17, by replacing "subparagraph (B) of paragraph (4) of subsection (d)" with "subparagraphs (A), (B), (C), (F), (G), (H), (I), (J), and (K) of paragraph (1) of this subsection (c)"; and

on page 8, line 20, by replacing "(c)" with "(b)"; and

on page 9, line 2, by deleting "or qualifying rehabilitation"; and

on page 9, lines 13 and 14, by deleting "or qualifying rehabilitation"; and

on page 9, line 19, by deleting "or qualifying rehabilitation"; and

on page 10, lines 20 and 21, by deleting "or substantial rehabilitation"; and

on page 11, lines 11 and 12, by replacing "subparagraph (1) of subsection (c)" with "paragraph (1) of subsection (b)"; and

on page 11, line 16, by replacing "(e)" with "(d)"; and

on page 11, immediately below line 18, by inserting the following:

""Assessed value for the residential real property in the base year" means the value in effect at the end of the taxable year prior to the latter of: (1) the date of initial application; or (2) the date in which 20% of the total number of units in the property are occupied by eligible tenants paying eligible rent under this Section."; and

by deleting everything from line 8 on page 14 through line 6 on page 21; and

on page 21, line 8, by replacing "Section 25" with "Sections 15, 25, and 50"; and

on page 21, immediately below line 9, by inserting the following:

"(310 ILCS 67/15)

Sec. 15. Definitions. As used in this Act:

"Affordable housing" means housing that has a value or cost or rental amount that is within the means of a household that may occupy moderate-income or low-income housing. In the case of owner-occupied dwelling units, housing that is affordable means housing in which mortgage, amortization, taxes, insurance, and condominium or association fees, if any, constitute no more than 30% of the gross annual household income for a household of the size that may occupy the unit. In the case of dwelling units for rent, housing that is affordable means housing for which the rent, any required parking, maintenance, landlord-imposed fees, and utilities constitute no more than 30% of the gross annual household income for a household of the size that may occupy the unit.

"Affordable housing developer" means a nonprofit entity, limited equity cooperative or public agency, or private individual, firm, corporation, or other entity seeking to build an affordable housing development.

"Affordable housing development" means (i) any housing that is subsidized by the federal or State government or (ii) any housing in which at least 20% of the dwelling units are subject to covenants or restrictions that require that the dwelling units be sold or rented at prices that preserve them as affordable housing for a period of at least 15 years, in the case of owner-occupied housing, and at least 30 years, in the case of rental housing.

"Approving authority" means the governing body of the county or municipality.

"Area median household income" means the median household income adjusted for family size for applicable income limit areas as determined annually by the federal Department of Housing and Urban Development under Section 8 of the United States Housing Act of 1937.

"Community land trust" means a private, not-for-profit corporation organized exclusively for charitable, cultural, and other purposes and created to acquire and own land for the benefit of the local government, including the creation and preservation of affordable housing.

"Development" means any building, construction, renovation, or excavation or any material change in any structure or land, or change in the use of such structure or land, that results in a net increase in the number of dwelling units in a structure or on a parcel of land by more than one dwelling unit.

"Exempt local government" means any local government in which at least 10% of its total year-round housing units are affordable, as determined by the Illinois Housing Development Authority pursuant to Section 20 of this Act; or any municipality under 1,000 population.

"Household" means the person or persons occupying a dwelling unit.

"Housing trust fund" means a separate fund, either within a local government or between local governments pursuant to intergovernmental agreement, established solely for the purposes authorized in subsection (d) of Section 25, including, without limitation, the holding and disbursing of financial resources to address the affordable housing needs of individuals or households that may occupy low-income or moderate-income housing.

"Local government" means a county or municipality.

"Low-income housing" means housing that is affordable, according to the federal Department of Housing and Urban Development, for either home ownership or rental, and that is occupied, reserved, or marketed for occupancy by households with a gross household income that does not exceed 50% of the area median household income.

"Moderate-income housing" means housing that is affordable, according to the federal Department of Housing and Urban Development, for either home ownership or rental, and that is occupied, reserved, or marketed for occupancy by households with a gross household income that is greater than 50% but does not exceed 80% of the area median household income.

"Non-appealable local government requirements" means all essential requirements that protect the public health and safety, including any local building, electrical, fire, or plumbing code requirements or those requirements that are critical to the protection or preservation of the environment.

(Source: P.A. 98-287, eff. 8-9-13.)"; and

on page 26, immediately below line 26, by inserting the following:

"(310 ILCS 67/50)

Sec. 50. Housing Appeals Board.

(a) Prior to January 1, 2008, a Housing Appeals Board shall be created consisting of 7 members appointed by the Governor as follows:

(1) a retired circuit judge or retired appellate judge, who shall act as chairperson;

(2) a zoning board of appeals member;

(3) a planning board member;

(4) a mayor or municipal council or board member;

(5) a county board member;

(6) an affordable housing developer; and

(7) an affordable housing advocate.

In addition, the Chairman of the Illinois Housing Development Authority, ex officio, shall serve as a non-voting member. No more than 4 of the appointed members may be from the same political party. Appointments under items (2), (3), and (4) shall be from local governments that are not exempt under this Act.

(b) Initial terms of 4 members designated by the Governor shall be for 2 years. Initial terms of 3 members designated by the Governor shall be for one year. Thereafter, members shall be appointed for terms of 2 years. After a member's term expires, the member shall continue to serve until a successor is appointed. There shall be no limit to the number of terms an appointee may serve. A member shall receive no compensation for his or her services, but shall be reimbursed by the State for all reasonable expenses actually and necessarily incurred in the performance of his or her official duties. The board shall hear all petitions for review filed under this Act and shall conduct all hearings in accordance with the rules and regulations established by the chairperson. The Illinois Housing Development Authority shall provide space and clerical and other assistance that the Board may require.

(c) (Blank).

(d) Any vacancies in the Housing Appeals Board shall be filled within 90 days of the vacancy.

(Source: P.A. 98-287, eff. 8-9-13.)".